Controversy over insurance not ordered goes to the next round

The dispute between the consumer advice center in Baden-Württemberg and FASI Flight Ambulance Services International Agency GmbH is richer in another chapter. The dispute between consumer protection groups and the provider of health and repatriation insurance for foreign travel is now in its sixth year.

A bit of hindsight: FASI sent a letter to magazine subscribers without being asked, informing them that they were insured for three months free of charge through a vacation travel insurance package.

success in court

However, unless the customer actively objected, this free package was converted to paid insurance with a term of twelve months. The Baden-Württemberg consumer advice center took action against this “imposed” insurance and, after the company failed to respond to a warning, also succeeded with its lawsuit in the district court of Limburg an der Lahn.

The Limburg court (Az: 5 O 30/16) also concluded that no contract could be concluded through silence, especially if the client had never agreed to participate in the free trial phase.

However, according to statements by the Baden-Württemberg consumer advice centre, FASI does not appear to have taken the Limburg arbitration award seriously. Consumer advocates report a case where a customer was called in for a “quality check” after subscribing to a magazine. During the conversation, the client was told that as a “thank you” he would be given a three-month free trial membership for the aforementioned repatriation and travel medical insurance.

Superior Regional Court annuls fine

Against this, the consumer advice center obtained a fine of 50,000 euros from the Limburg district court, against which FASI filed an objection and was also right before the OLG Frankfurt. The Higher Regional Court in Frankfurt annulled the Limburg decision.

According to the consumer advice centre, the Higher Regional Court also saw FASI’s behavior as an attempt to impose insurance on clients. Since the procedure here is different from the previous one, there is no violation of the injunction. The Baden-Württemberg consumer advice center is now responding with another warning. It is also very possible that a few more chapters will follow in this dispute.

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